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Madras High CourtCRL OP/14718/2015modified

Siva @ Henry Marshal v. The Inspector Of Police

2015-06-17Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 17.06.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH CRL.O.P. NO.14718 OF 2015 Siva @ Henry Marshal ..

Petitioner

Versus

State represented by The Inspector of Police, Kachirappalayam Police Station, Villupuram District.

(Crime No.143 of 2013 ..

Respondent PRAYER : Criminal Original Petition filed under Section 439(1)(b) of Code of Criminal Procedure, for modification of the condition of the order dated 03.02.2015 on the file of the learned Judicial Magistrate, Kallakurichi, (in Crl.M.P.No.794 of 2015 in respect of the condition directing the petitioners to execute a bond for a sum of Rs.10,000/- with two blood sureties.) For Petitioner :

Mrs.V.Sasi Rekha For Respondent :

Mr.M.Mohamed Riyaz Government Advocate (Crl. Side)

O R D E R

The learned Judicial Magistrate, Kallakurichi, while granting bail to the petitioner imposed a condition that the petitioner shall execute a bond for a sum of Rs.10,000/- with two blood sureties.

2. The learned counsel for the petitioner submitted that the petitioner is very poor and all his blood relatives are uneducated and so they are not willing to give surety to the petitioner and sought for modification of the said condition.

3. Considering the above submissions, the order of the learned learned Judicial Magistrate, Kallakurichi, in Crl.M.P.No.794 of 2015 dated 03.02.2015 is modified to the following effect : (i) the petitioner is permitted to execute a bond for Rs.5000/- with two sureties, out of which one surety shall be blood surety, each for a like sum to the satisfaction of the Judicial Magistrate, Kallakurichi.

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(ii) Except this condition, other conditions remain unaltered.

4. This Criminal Original Petition is disposed of accordingly.

Sd/- Assistant Registrar True Copy Sub Assistant Registrar To

1. The Judicial Magistrate, Kallakurichi.

2.do thro'The Chief Judicial magistrate, Villupuram.

3. The Inspector of Police, Kachirappalayam Police Station,Villupuram District.

4.The Public Prosecutor, High Court of Madras, Chennai - 600 104. +1 cc to Mrs.V.Sasi Rekha, Advocate,SR.29663 br(co) krd 2/7 CRL.O.P. No.14718 of 2015 https://hcservices.ecourts.gov.in/hcservices/